Legal Question in Family Law in California
Minors Compromise and a Court Blocked Trust Account
What is the penalty for the parent/guardian ad litem, of a minor (who will be 18 yrs old in 3 months) for not depositing funds into a Court Blocked Trust Account, as ordered by the Court at the Minors Compromise hearing? The family was in jeopardy of being evicted and they had no choice other than to use the funds for living expenses, rent, food, etc. No frivolous expenses. Only to live and to repay others who had loaned money to the family to survive? The minor is fully aware of where every dollar was spent and the minor has written a letter for the judge to explain that she wanted her funds to be used to take care of the family emergent needs. The insurance company has filed a motion with the court and the parent cannot be there for the hearing date due to a medical necessity, documented by the physician. The Insurance Co Attorney refuses to allow a continuance, knowing that the parent cannot be in court on Friday because the minor is having surgery that day. This minor had been injured in a car acident and thus the settlement and Minors Compromise. Southern California - Orange County Family Court. The family wasnt represented by their own attorney and the Insurance Company attorney was acting as ''A Friend of the Court'' Thanks
2 Answers from Attorneys
Re: Minors Compromise and a Court Blocked Trust Account
I am confused by your question. I need to know why the insurance company cares. It sounds like maybe the insurance company has an exclusion in a policy for medical care if other insurance is available to pay for the care.
At any rate, it is hard to imagine how any insurance company would have standing to intermeddle with a Minor's Compromise order.
As far as what could happen to you, you could be held in contempt of court, be sentenced to jail or sued. But these claims would normally belong to the minor and not to the minor's insurance company. It sounds like this insurance company may be stepping where it has no legal authority to step. You really should hire a lawyer to look over the documents related to this situation to see what you can do.
Re: Minors Compromise and a Court Blocked Trust Account
Get to an attorney. If the insurance company won't agree on a continuance, then you need to have an attorney appear on your behalf and ask the court to grant one. It will very likely be granted.
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